People v. Rosato

Appellate Division of the Supreme Court of New York

People v. Rosato

1 A.D.2d 957, 150 N.Y.S.2d 237, 1956 N.Y. App. Div. LEXIS 5838

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 2, 1956

StatusPublished

This text of 1 A.D.2d 957 (People v. Rosato) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Rosato, 1 A.D.2d 957, 150 N.Y.S.2d 237, 1956 N.Y. App. Div. LEXIS 5838 (N.Y. Ct. App. 1956).

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Opinion

Appeal from an order of the County Court, Kings County, denying, without a hearing, an application in the nature of coram, nobis to vacate a judgment rendered by said court on April 12, 1955, convicting appellant, on his plea of guilty, of robbery in the second degree and sentencing him to serve seven and one half to fifteen years. The application was made on the ground that appellant pleaded guilty on the promise of an assistant district attorney that if appellant co-operated with the District Attorney in the solution of certain crimes, the District Attorney would recommend a sentence of not more than five years. The affidavit submitted by the District Attorney on the application states that appellant is entitled to a hearing. Order reversed and matter remitted to said court for a hearing on the issues and for such further proceedings thereon as may be proper. Appellant should be afforded a hearing at which he may offer proof of his sworn allegations, including examination of his own counsel and the assistant district attorney, in an attempt to show that (1) the promise alleged to have been made by the assistant district attorney was in fact made, and (2) that appellant had provided sufficient co-operation with the District Attorney. (Matter of Lyons v. Goldstein, 290 N. Y. 19; People v. Richetti, 302 N. Y. 290; People v. Sullivan, 276 App. Div. 1087.) Nolan, P. J., Beldock, Murphy, Hallman and Kleinfeld, JJ., concur.

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Appeal from an order of the County Court, Kings County, denying, without a hearing, an application in the nature of coram, nobis to vacate a judgment rendered by said court on April 12, 1955, convicting appellant, on his plea of guilty, of robbery in the second degree and sentencing him to serve seven and one half to fifteen years. The application was made on the ground that appellant pleaded guilty on the promise of an assistant district attorney that if appellant co-operated with the District Attorney in the solution of certain crimes, the District Attorney would recommend a sentence of not more than five years. The affidavit submitted by the District Attorney on the application states that appellant is entitled to a hearing. Order reversed and matter remitted to said court for a hearing on the issues and for such further proceedings thereon as may be proper. Appellant should be afforded a hearing at which he may offer proof of his sworn allegations, including examination of his own counsel and the assistant district attorney, in an attempt to show that (1) the promise alleged to have been made by the assistant district attorney was in fact made, and (2) that appellant had provided sufficient co-operation with the District Attorney. (Matter of Lyons v. Goldstein, 290 N. Y. 19; People v. Richetti, 302 N. Y. 290; People v. Sullivan, 276 App. Div. 1087.) Nolan, P. J., Beldock, Murphy, Hallman and Kleinfeld, JJ., concur.

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Bluebook (online)

1 A.D.2d 957, 150 N.Y.S.2d 237, 1956 N.Y. App. Div. LEXIS 5838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rosato-nyappdiv-1956.

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